Air and Space Law Commons^™

Contingency Fuel Reduction In Brazil, Diogo Youssef, Fabiano Gomes De Oliveira, Joao Centeno, Luciano Figueiredo, Leila Halawi

International Journal of Aviation, Aeronautics, and Aerospace

This project reviews the minimum fuel regulations for commercial passenger flights in different countries and intends to scientifically support a change in the existing contingency fuel requirement regulation in Brazil. This change represents fuel savings for Brazilian air operations, and it deploys into a competitive advantage for Brazilian airlines compared to foreign air operators.

Discussion: The objective of this project is to provide the Brazilian civil aviation regulators with the necessary data to justify the reduction of the contingency fuel values from the current 10% to 5%. This project bases the analysis on the historical data of fuel planning and …

Blais V. Rhode Island Airport Corp., 212 A.3d 604 (R.I. 2019), Sarah Friedman

Roger Williams University Law Review

No abstract provided.

Consolidating Space: A Proposal To Establish A Central Forum For The Settlement Of Space-Related Disputes, Matthew J.P. Horton

Vanderbilt Journal of Entertainment & Technology Law

Over sixty years have passed since the Soviet Union launched Sputnik 1 into Earth's orbit. In that time, humanity's presence in space has flourished as technology advanced and new actors entered the scene. Despite this progress, the regime upon which the world relies to resolve space disputes has hardly changed in the fifty years of its existence. As private enterprise floods into the final frontier, how humanity will resolve the inevitable, extraterrestrial disputes is becoming a pressing concern.

The Outer Space Treaty establishes three fundamental principles of space law: (1) space is sovereignless, (2) space exploration and use must be …

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

Eu Air Passengers’ Rights Past, Present, And Future: In An Uncertain World (Regulation (Ec) 261/2004: Evaluation And Case Study), Sarah Jane Fox, Luis Martín-Domingo

Journal of Air Law and Commerce

Passenger rights have continued to be strengthened following deregulation in the European Union (EU—previously the European Community) with common rules on compensation and assistance to passengers in the event of denied boarding, cancellation, and long flight delays. In January 2020, the European Commission (EC) stated that “these rights need to be better known and easier to understand and enforced.” This article considers the emerging role of Claims Management Companies (CMCs) as a step to aid passengers in achieving redress against airlines, undertaking a case study of a CMC in Spain.

The research also addresses the complexities of airline passenger rights, …

Whose Rights Are They Anyway? Solving The Problem Of Extraterritorial Assertions Of Authority In The Aviation Industry, John L. Sasso

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb

Articles

A rapidly growing commercial drone industry has prompted the introduction of numerous regulations governing American airspace. Congress has tasked the Federal Aviation Administration (FAA) with “developing plans for the use of the navigable airspace to ensure the safety of aircraft and the efficient use” of American skies. While well-intended, the FAA has departed from Congressional will by imposing an excessive regulatory regime that threatens to stifle drone technology and innovation. In fact, many FAA regulations fail to address the very problem they seek to fix, namely the safety of our airspace. The unfortunate result is that myriad scientific and pragmatic …

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming

Avoiding Pyrrhic Victories In Orbit: A Need For Kinetic Anti-Satellite Arms Control In The Twenty-First Century, Captain Cort S. Thompson

Journal of Air Law and Commerce

On March 27, 2019, India launched a direct ascent anti-satellite (ASAT) weapon, aimed at the Indian Ministry of Defense satellite Microsat-R. The kinetic-energy ASAT weapon collided with Microsat-R at an altitude of nearly 300 kilometers, creating an estimated 250 pieces of trackable debris from the 740-kilogram satellite. With this effective demonstration of ASAT capability, India became only the fourth nation to successfully intercept an orbiting satellite in the sixty-one years since the U.S.S.R. placed into orbit the first artificial satellite, Sputnik. While India’s demonstration purported to take deliberate steps to mitigate some of the risk associated with a …

Unfair Disclosure—Adopting A Limited Consultant Corollary For Foia’S Exemption 5 In Attorney Work–Product Cases Preserves Litigation Parity For Agencies Like The Faa, Ellen Smith Yost

Journal of Air Law and Commerce

No abstract provided.

Bet On The Field: Why Field Preemption Should Apply To The Federal Aviation Act, Jack Milligan

Journal of Air Law and Commerce

One of the primary challenges facing the American aviation industry is the issue of federal preemption. Although Congress has a long history of heavy involvement in regulating the aviation industry, the Federal Aviation Act (FAAct) does not include an express preemption provision, leaving states, courts, and industry members with little guidance about the proper reach of federal and state regulations. The circuit courts are sharply divided on their approaches and answers to this question. The issue of preemption is especially important in the context of aviation manufacturing, where the federal government has prescribed a litany of different safety standards, but …

Federal Dollars For All Humankind: Using Procurement Law To Increase Diversity In The Space Industry, Nicole A. Williamson

Journal of Air Law and Commerce

This Article explores how to employ federal government contracting programs to increase gender and racial diversity within the space industry. Part II of the Article touches briefly on the importance of diversity generally and examines the underrepresentation of women and minorities within the $325 billion industry surrounding outer space activities. Part III provides a high-level overview of federal government contracting, in particular focusing on Small Business Administration programs intended to benefit small businesses, minority-owned businesses, and women-owned businesses. Part IV concentrates on contracting within the space industry. Part V offers three suggestions to increase contract awards to women and minority …

Targeting In Outer Space: An Exploration Of Regime Interactions In The Final Frontier, Caitlyn Georgeson, Matthew T. Stubbs

Journal of Air Law and Commerce

Space infrastructure is now integral to both civilian life and warfare. Belligerents may find great military advantage in destroying a satellite in orbit, but this could have grave consequences for civilians on earth and create long-lasting space debris. This Article identifies the applicable law by harmonizing international humanitarian law, human rights law, and international space law. The Authors conclude that targeting a satellite in armed conflict will be permissible only as a measure of last resort, not of first response.

Can We Address Orbital Debris With The International Law We Already Have? An Examination Of Treaty Interpretation And The Due Regard Principle, John S. Goehring

Journal of Air Law and Commerce

India’s controversial anti-satellite test in 2019 provides the United States an opportunity to demonstrate leadership in preventing future debris-generating events. However, new international space laws or norms are unlikely. Instead, the United States could look to the international space law already in place, particularly the due regard principle contained within Article IX of the 1967 Outer Space Treaty (Article IX). Ignored throughout its history, Article IX’s due regard principle has untapped potential. States, through their practice in the application of treaties, can shape the interpretation of treaty provisions in order to accommodate changing circumstances. The United States has experience in …

Book Review: Space Law: A Treatise (Second Edition), Sylvia Ospina

Journal of Air Law and Commerce

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Past, Present, And Future Of Intellectual Property In Space: Old Answers To New Questions, Rosario Avveduto

Washington International Law Journal

This comment critically analyzes international space law in the context of intellectual property. The issues explored, current and future, are at the crossroads of the international space legal framework and U.S. intellectual property law. The first stage of the analysis includes a brief history of space law, introducing the U.N. treaties on space activities and taking a hard look at the founding principles they enshrine. An analytical overview of the International Space Station Agreement follows, introducing the present application of space law to issues of intellectual property. This overview further considers the fundamental principles of U.S. intellectual property, especially patent …

Outer Space: How Shall The World's Governments Establish Order Among Competing Interests?, Paul B. Larsen

Washington International Law Journal

We are in a period of transition in outer space; it is becoming increasingly congested. As one example, small satellites are beginning to interfer with astronomical observations. The objective of this article is to examine and evaluate how the various outer space interests interact, coordinate or conflict with each other. This article examines legal order options and the consequences of choosing among those options.

The Cold Vacuum Of Arms Control In Outer Space: Can Existing Law Make Some Anti-Satellite Weapons Illegal?, Jeffrey A. Murphy

Cleveland State Law Review

The current space law paradigm came into existence when two major national powers were vying for supremacy after a catastrophic world war. The nuclear age had dawned. The United Nations drafted and ratified the Outer Space Treaty under these conditions with limited foresight to the specific nature of future space activities. As more nations and private actors enter the space arena, the nature of the weapons used in space has changed, and the number of targets and opportunities for collateral damage has greatly increased.

This Note looks at the weapons aimed at space and the laws that try to govern …

Presidential Leadership In The Space Age, Ziv R. Carmi

Student Publications

Mankind’s quest to reach the moon consisted of many people in leadership positions. In the US, however, many of the decisions behind the space race, especially funding for it, were made by four men: Dwight D. Eisenhower, John F. Kennedy, Lyndon Baines Johnson, and Richard Nixon. While some presidents (namely Kennedy) receive more credit than others for their work on bringing man to the moon, each of them passed influential policy that was vital in the development of Apollo: Eisenhower founded NASA and began research on the Saturn V, Kennedy gave vision and urgency to the program, Johnson gave massive …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Ways Of Watching: Bringing Equality Thinking To Regulation Of "New" Technology, Sonia Lawrence

Articles & Book Chapters

No abstract provided.

The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers

Indiana Journal of Global Legal Studies

"Space law," much like outer space itself, still remains largely un­navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …

Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon

Georgia Journal of International & Comparative Law

No abstract provided.

The Other Space Race: Some Law And Economics Of Celestial Resource Appropriation, Alexander W. Salter

Georgia Journal of International & Comparative Law

No abstract provided.

Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf

Indiana Law Journal

Since the birth of the concept of a legally recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, “The Right to Privacy,” common law—with the aid of influential scholars—has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.

This Article explores the challenges of prosecution of the specific privacy tort of intrusion upon seclusion involving nongovernmental use of drone technology. …

Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

This article explores the complimentary nature between the burgeoning private aerospace industry and international arbitration, as well as detailing how it could be advantageous to resolve these aerospace disputes in California. Part II outlines the new space race. It begins with the Ansari XPrize and follows some of the industry’s most significant developments. Part III explores the benefits of arbitration and how the characteristics of international arbitral proceedings cater to the common concerns of aerospace companies. Part IV catalogues the initiatives arbitral institutions have taken to customize an arbitration for aerospace disputes. This article argues that a specialized institution could …